HB1302-"The Neighborhood Bag Lady Can Take Your Guns" bill

[pbharvey]

What happens when the police are told by the red flagger that there are guns in the house but in fact there aren’t guns in the house?
Does the house get tossed, sofa cushions sliced open, etc.?
Does the red flagger get charged with making a false claim?
Is the person flagged no longer a threat because he doesn’t have any guns? Will the police take away his kitchen knives, golf clubs, and car keys?
Can this person still go to Walmart and buy a shotgun? He’s been charged but not tried right?

 

[zoostation]

What happens when the police are told by the red flagger that there are guns in the house but in fact there aren’t guns in the house?
Does the house get tossed, sofa cushions sliced open, etc.?
Does the red flagger get charged with making a false claim?
Is the person flagged no longer a threat because he doesn’t have any guns? Will the police take away his kitchen knives, golf clubs, and car keys?
Can this person still go to Walmart and buy a shotgun? He’s been charged but not tried right?

I think they've built a proposed way for entry into NICS once the order is served. Which raises another question, how long does it take them to get it OUT of NICS once it's entered.

And here's another one. What happens when the person no longer owns guns that MGUN says they have, since MSP's system allows no way to indicate once the gun has been sold, traded, or otherwise disposed of by the registree, and never has. Is someone going to go get a warrant and toss a house based on bad info?

 

[Rack&Roll]

I’m in the Senate Gallery with HB1302 up for final passage in the Senate.

Sen. Justin Ready speaking that although the bill was “adjusted” is announcing that he and others will vote NO

 

[ironpony]

Bills written by attorneys, voted into law by attorneys and one will need an attorney to understand them. Quite a few unanswered questions with no way to find out other than to wait for Oct. 1st and then a call to your attorney.

Mental note: No more dating bag ladies!

 

[danb]

This is pure speculation, but I been considering the parallels between the ERPO and PFA. Entirely possible that for threats involving firearms, courts now say people should go through ERPO not PFA. Because now we have a new process for that. This may make it harder to get firearms from domestic abusers, not easier. ERPO in spots has more protections and higher evidence burden. Gotta love Annapolis and the law of unintended consequences.

 

[Rack&Roll]

Senate Judicial Proceedings Chair Robert Zirkin defending/explaining this POS bill in the midst if of Republican challenges/questions.

Answers not convincing...duh.

 

[Rack&Roll]

Mom’s Demand Actions and Marylanders To Prevent Handgun Violence President Jen Pauliukonis watching as one our our best civil rights defenders, Sen. Cassilly points out the dangers to LE taking firearm property and about 4th Amendment violations.

 

[Schipperke]

31-13

 

[Rack&Roll]

The vote on “3rd reader” sending it back to the House: 31-13 with almost all Republicans opposing—and joined by one Democrat rejecting it.

The Democrat was Mathias of the lower Eastern Shore.

Our engagement (sidewalk lobbying and calls/emails) on this has COMPLETELY FLIPPED the Republican stance.

Watch for the majority of House Republicans—who will now get a second chance to vote on this RED FLAG bill—to flip their votes from yes to no.

Gov. Hogan will then be faced with deciding what to do when a majority of his party has REJECTED this junk bill.

 

[KJackson]

5–602.
(A) (1) A PETITION FOR AN EXTREME RISK PROTECTIVE ORDER SHALL:
(* * *
(II) INCLUDE ANY INFORMATION KNOWN TO THE PETITIONER THAT THE RESPONDENT POSES AN IMMEDIATE AND PRESENT DANGER OF CAUSING PERSONAL INJURY TO THE RESPONDENT, THE PETITIONER, OR ANOTHER BY POSSESSING A FIREARM;

How does someone pose an immediate and present danger by merely possessing a firearm? Maybe because since I bought a blinged-out rifle I can't afford food for my family this week?

The only time I have been injured by any of my guns was when I pinched the skin on the side of my hand in the slide. And that took more than just possessing it. It took my lack of manual dexterity.

Must be the whole "I am scared of someone having guns" type of injury.

 

[ironpony]

Reilly (R) voted for it?? He was against it.

 

[Jim12]

In addition to everything else above, if it hasn't already been addressed, who's going to pay the wrongfully accused's:

1. Legal fees and costs to get his property back and clear his name;
2. Expert witness (mental health expert) costs in connection with above;
3. Reputation costs.
4. Possible lost job, lost security clearance, etc.

The State? No.
The accuser? No.
The unjustly, wrongfully accused? Yes. Possibly for the rest of his life!

A person's finances and life could be destroyed by a jealous or crazed ex, estranged relative, or even a stranger who just wants to do some harm!

All without due process.

The imminent danger, to every law abiding person who merely exercises his or her Constitutional right to own a gun, is in passing this bill.

When Cruz or anybody like him are a threat to society, there are already laws on the books to deal with it. Broward County schools, Broward's Sheriff Department, the School RSO, the FBI, and Cruz's own community all FAILED him. The solution isn't to take away even more of law-abiding, free people's civil rights; it is for people to do their jobs with the tools they already have.

 

[Engine4]

What happens when the police are told by the red flagger that there are guns in the house but in fact there aren’t guns in the house?
Does the house get tossed, sofa cushions sliced open, etc.?

Exactly, this is what I've been asking. Will the leo accept the explanation that the guns are stored offsite? Will he accept that they've all been sold? Will he accept that they've all been turned in at the last Montgomery County buyback (since they don't issue paperwork)?

 

[Rack&Roll]

Reilly (R) voted for it?? He was against it.

We told him he would be alone if he did, after asking for “NO” commitments on the sidewalk this week from each Republican—and getting those commitments from just about everyone.

 

[ironpony]

We told him he would be alone if he did, after asking for “NO” commitments on the sidewalk this week from each Republican—and getting those commitments from just about everyone.

Thanks, email sent (too little too late), He's been to our farm several times, I've walked through the woods with this guy ... ugh.

 

[Rack&Roll]

Reilly (R) voted for it?? He was against it.

We told him he would be alone if he did, after asking for “NO” commitments on the sidewalk this week from each Republican—and getting those commitments from just about everyone.

Thanks, email sent (too little too late), He's been to our farm several times, I've walked through the woods with this guy ... ugh.

He erroneously believes the RED FLAG bill was “fixed” in Senate Judicial Proceedings.

We understand the political pressure because in chats with almost every Senator and Delegate on the Bricks they raised the issue of how well the RED FLAG bill “concept” polls in so many zip codes.

The DemocRats count on the voters not paying attention.

 

[Schipperke]

For those in the House that voted in favor, what changes to the Bill have been made that change their vote?

 

[danb]

FYI, one floor amendment was adopted. Looks like the amendment adds "and respondent" to one section, meaning the judge should consider evidence presented by petitioner and the respondent before the final order is entered.

 

[44man]

when will the final vote on this be?

 

[iH8DemLibz]

Where it be at now?



Who do we contact now? House members? Senate members? Cuzz I'm gettin' a veto twinge.